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13172 Norway - Agreement for Cooperation in the Civil Uses of Outer Space


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13172

 

SPACE COOPERATION

 


Agreement Between the
UNITED STATES OF AMERICA
and NORWAY


Signed October 20, 2000 and November 14, 2001

with

Annex

and

Agreement Extending the Agreement

Signed October 23, 2006

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

NORWAY

Space Cooperation

Agreement signed October 20, 2000 and November 14, 2001;
Entered into force November 14, 2001.
With annex.
And agreement extending the agreement.
Signed October 23, 2006;
Entered into force October 23, 2006.

AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE KINGDOM OF NORWAY
FOR COOPERATION IN
THE CIVIL USES OF OUTER SPACE
2
Table of Contents
Article 1
Article 2
Article 3
Article 4
Article 5
Scope of Activities
Implementing Arrangements 4
Consultation 5
Financial 5
Customs, Entry and Temporary Residence, 6
and Overflight
Article 6 Exchange of Technical Data and Goods 6
Article...7 Intellectual Property Rights 7
Article 8 Allocation of Risks 7
Article 9 Affect on Other Agreements 8
Article 10 Amendments 8
Article 11 Entry into Force and Duration 8
Article 12 Termination 9
Annex 10
3
The United States of America and the Kingdom of Norway, hereinafter referred to as "the
Parties";
Recognizing the history of strong mutual interest in the exploration and use of
outer space for peaceful purposes;
Recognizing the mutual benefit to be gained from working together for the
peaceful uses of outer space for the welfare of all humankind;
Recognizing the cooperation of both Parties in the areas of sounding rocket
activities, satellite and data acquisition, and tracking.
Noting, in particular, the cooperation between the U.S. National Aeronautics and
Space Administration (hereinafter referred to as "NASA"), and the Norwegian Space
Centre (hereinafter referred to as "NSC") pursuant to the Memorandum of Understanding
for Cooperative Sounding Rocket Activities; of October 3, 1994 (hereinafter referred to
as the "Sounding Rocket MOU");
Considering the desirability of enhanced cooperation between the Parties in
sounding rocket activities, space science, Earth science, satellite data acquisition and
tracking, and other space activities;
Considering the respective interests of the Parties in the potential for commercial
applications of space technologies for the benefit of the peoples of both countries;
Recognizing the value to international political harmony of combining efforts for
the efficient exploration of outer space;
Desiring to establish an overall legal framework for aerospace cooperation to
facilitate the conclusion of implementing arrangements or other agreements;
Recognizing their commitments as members of the Missile Technology Control
Regime (MTCR);
Have agreed as follows:
ARTICLE 1
SCOPE OF ACTIVITIES
1. The Parties shall identify areas of mutual interest and seek to develop cooperative
programs in the peaceful uses of outer space and shall work closely together to this end.
2. These cooperative progams may be undertaken, if mutually agreed and subject to the
general guidelines set forth in Article 2 and the provisions of this Agreement, in the
following areas:
4
(a) Exchanges of scientific data and researchers;
(b) Joint activities in the following:
1. Sounding rocket launches;
2. Satellite data acquisition and tacking;
3. Earth and atmospheric sciences;
4. Aeronautics and space transportation;
5. Human exploration and development of space;
6. Space science;
7. Space applications; and
8. Satellite communications research.
(c) Exploration of areas for possible complementary development of Norwegian
and U.S. scientific instruments in which there is mutual interest; and
(d) other areas of mutual interest.
3. These cooperative programs may be implemented using the following:
(a) Satellite instrument observations and measurements;
(b) Ground-based antennas and observations;
(c) Sounding rocket and balloon measurements;
(d) Aircraft measurements;
(e) On-orbit research facilities;
(f) Space-related research involving ground-based facilities; and
(g) Student and scientist exchange programs and educational activities.
4. NASA and NSC are currently engaged in cooperative programs involving sounding
rocket activities and satellite data acquisition and tracking. It is anticipated that such
programs will be continued in the future.
ARTICLE 2
IMPLEMENTING ARRANGEMENTS
The specific terms and conditions for such cooperative programs shall be set forth in
implementing arrangements, including memoranda of agreement and other instruments,
5
between the Implementing Agencies. NASA and the National Oceanic and Atmospheric
Administration (NOAA) have been identified as "Implementing Agencies" for this
Agreement by the United States of America. The Kingdom of Norway has identified
NSC as its Implementing Agency for this agreement. NASA and/or NSC may elect to
designate additional Implementing Agencies for specific cooperative programs under this
Agreement. These implementing arrangements shall include, as appropriate, provisions
related to the nature and scope of the program, and the individual and joint
responsibilities of the Agencies, customs clearance, transfer of technical data and goods,
invention and patent rights, liability, and financial arrangements, consistent with the
provisions of this Agreement. All implementing arrangements shall refer to and be
subject to this Agreement, unless agreed to otherwise by the Implementing Agencies.
ARTICLE 3
CONSULTATIONS
1. The Implementing Agencies shall consult, as deemed appropriate and necessary, to
review the implementation of activities undertaken, pursuant to this Agreement, and to
exchange views on potential areas of future cooperation.
2. Cooperative projects initiated, pursuant to the Sounding Rocket MOU and its
implementing arrangements, shall continue and will be subject to this Agreement upon its
entry into force.
3. In the event questions arise regarding the implementation of programs under this
Agreement, the questions will be resolved by the program managers of the programs
involved. If the program managers are unable to reach an agreement, then the matter will
be referred to a more senior level of the Implementing Agencies or to the representatives
of the Parties for joint resolution.
ARTICLE 4
FINANCIAL ARRANGEMENTS
1. The Parties shall be responsible for funding their respective activities under this
Agreement, unless otherwise agreed. Obligations under this Agreement and any
implementing arrangements hereunder shall be subject to the availability of appropriated
funds.
2. All activities under this Agreement shall be conducted in a manner consistent with the
respective national laws and regulations of each Party.
6
ARTICLE 5
CUSTOMS, ENTRY AND TEMPORARY RESIDENCE, AND OVERFLIGHT
1. In accordance with its laws and regulations, each Party shall arrange free customs
clearance and waiver of all applicable duties and taxes for equipment and related goods
necessary for the implementation of this Agreement. In the event that any customs fees
or taxes of any kind are nonetheless levied on such equipment and related goods, such
customs fees or taxes shall be borne by the Party levying such fees or taxes. The Parties'
obligation to ensure duty-free entry is fully reciprocal.
2. In accordance with its laws and regulations, each Party shall facilitate the provision of
the appropriate entry and residence documentation for the other Party's representatives
who enter, exit, and reside within their territories in order to carry out activities under
implementing arrangements established under this Agreement.
3. In accordance with its laws and regulations, each Party shall facilitate the provision of
aircraft overflight clearances, as necessary, in order to carry out activities under
implementing arrangements established under this Agreement.
These arrangements shall be implemented on a reciprocal basis.
ARTICLE 6
EXCHANGE OF TECHNICAL DATA AND GOODS
In implementing arrangements concluded under this Agreement, the Parties and their
Implementing Agencies shall be obligated to transfer only those technical data (including
software) and goods necessary to fulfill their respective responsibilities under those
implementing arrangements, in accordance with the following provisions:
a) The transfer of technical data for the purpose of discharging the Parties' or their
Implementing Agencies' responsibilities with regard to interface, integration, and
safety shall normally be made without restriction, except as required by national
laws and regulations relating to export control or the control of classified data. If
design, manufacturing, and processing data and associated software, which is
proprietary but not export controlled, is necessary for interface, integration, or
safety purposes, the transfer shall be made and the data and associated software
shall be appropriately marked. Nothing in this article requires the Parties or their
Implementing Agencies to transfer goods or technical data contrary to national
laws and regulations relating to export control or control of classified data.
b) All transfers of proprietary technical data and export-controlled goods and
technical data are subject to the following provisions: In the event a Party and/or
Implementing Agency finds it necessary to transfer goods which are subject to
export control or technical data which is proprietary or subject to export controls,
and for which protection is to be maintained, such goods shall be specifically
7
identified as such. All technical data shall be marked to indicate its use and
disclosure by the receiving Party or Implementing Agency and their related
entities (e.g., contractors and subcontractors), for the purposes of fulfilling the
receiving Party's or Implementing Agencies' program responsibilities
implemented under this Agreement. The identified goods and marked technical
data shall not be disclosed or re-transferred to any other entity without the prior
written permission of the furnishing Party or Implementing Agency. The
receiving Party or Implementing Agency shall abide by the terms of the notice,
and protect any such identified goods marked technical data from unauthorized
use and disclosure. The receiving Party or Implementing Agencies also agree to
obtain these same obligations from its related entities prior to any further transfer.
Nothing in this article requires the Parties or Implementing Agencies to transfer
goods or technical data contrary to national laws and regulations relating to export
control or control of classified data
c) All goods, marked proprietary data, and marked or unmarked technical data
subject to export control, which are transferred under the programs implemented
by this Agreement, shall be used by the receiving Party and its Implementing
Agency exclusively for the purposes of the programs implemented by this
Agreement.
ARTICLE 7
INTELLECTUAL PROPERTY RIGHTS
Nothing in this Agreement shall be construed as granting or implying any rights to, or
interest in, patents or inventions of the Parties, institutions acting on their behalf, or their
contractors or subcontractors for activities conducted under this Agreement. Matters
related to protection of intellectual property rights shall be addressed as appropriate in the
implementing arrangements.
ARTICLE 8
ALLOCATION OF RISKS
1. In the interest of encouraging participation in space exploration and investment,
aeronautical investigation, and scientific activities, the Parties, themselves, or through
their Implementing Agencies, commit to the establishment, as part of the implementing
arrangements, of a specific system of responsibility for losses, injuries, casualties and
damages, including mutual liability waivers where appropriate, between themselves, their
Implementing Agencies and their related entities, extending to contractors,
subcontractors, and participating entities associated with the Parties.
2. In furtherance of the objectives identified in paragraph 1, the Parties or Implementing
Agencies shall, in appropriate circumstances, establish a comprehensive cross-waiver of
liability between themselves and their related entities. The cross-waivers of liability shall
8
be broadly construed to achieve the objectives of paragraph 1. The terms of the cross-
waivers, and of liability waivers generally, may be modified by mutual agreement of the
Parties or the Implementing Agencies to take into account the particular characteristics,
risks, and benefits of the activities conducted under this Agreement.
ARTICLE 9
AFFECT ON OTHER AGREEMENTS
This Agreement shall not prejudice the ability of the Parties to conclude other agreements
or arrangements regarding matters outside or within the scope of this Agreement, as
mutually agreed. This Agreement shall furthermore not prejudice the cooperation of
either Party with other States and international organizations.
ARTICLE 10
AMENDMENTS
This Agreement may be amended upon mutual written agreement of the Parties.
ARTICLE 11
ENTRY INTO FORCE AND DURATION
This Agreement shall enter into force upon signature and shall remain in force for five (5)
years unless terminated in accordance with Article 12 or extended upon mutual written
agreement of the Parties.
9
ARTICLE 12
TERMINATION
Either party may elect to terminate this Agreement by providing (6) months written
notice to the other Party. Such termination shall not affect implementing arrangements
that are in effect at the time this Agreement is terminated.
The Annex to this Agreement entitled "Cooperative Sounding Rocket Activities," shall
form an integral part of the Agreement, and upon entry into force of this Agreement, shall
supercede and replace the Sounding Rocket MOU.
Done, in duplicate, in the English language.

FOR THE UNITED STATES FOR THE KINGDOM
OF AMERICA: OF NORWAY:
Date
OCT 20 2000
NOV 14 2001
Date
10
ANNEX
COOPERATIVE SOUNDING ROCKET ACTIVITIES
UNDER THE AGREEMENT
BETWEEN THE
UNITED STATES OF AMERICA
AND THE
KINGDOM OF NORWAY
ON COOPERATION IN THE CIVIL USES OF OUTER SPACE
1. Joint Implementation Plan
NASA and NSC will develop a Joint Implementation Plan (JIP) for each Joint
Science Campaign they undertake. The campaign-unique JIP will contain the
science objectives of the campaign, as well as the technical and programmatic
conditions under which NASA and NSC will carry out their responsibilities for
the campaign. The JIP will also address the arrangements for scientific
cooperation. The campaign-unique JIP's and any subsidiary documentation are
subject to and will conform to this Agreement and are subject to approval by
NASA and NSC. Subsidiary understandings among the scientists and scientific
institutions involved will conform with the campaign-specific JIP's and to this
Agreement and are subject to approval by NASA and NSC. In the event of
inconsistency between this Agreement, the JIP, and subsidiary understandings, the
inconsistency will be resolved by giving precedence first to the Agreement,
second to the JIP, and third to the subsidiary understanding.
2. Conditions on Participation
Cooperative sounding rocket activities planned and implemented under this
Agreement will meet the following criteria:
a) Each Joint Science Campaign will reflect the mutual scientific interests
of and rely on the known scientific, technical, and budgetary capabilities
of NASA and NSC. For each campaign, programmatic validity for both
Parties will be demonstrable;
b) Selection of scientific payloads and investigations will be based on
evaluation of scientific and technical merits and pertinence to the
established plans and objectives of the responsible program officers at
NASA and NSC. Such an evaluation will occur according to established
procedures for review and approval of new proposals;
c) NASA and NSC will each contribute to the science objectives in each
campaign;
11
d) NASA and NSC will provide for the free exchange of all scientific data
collected during a Joint Science Campaign between participating scientists
from the United States and Norway and for the collaboration in the
analysis of the data and publication of the results; and
e) All exports of goods or technologies must conform to Article VI of this
Agreement.
3. Responsibilities of NASA and NSC
a) Each Joint Science Campaign conducted pursuant to this Agreement will be
separate and distinct for purposes of determining responsibilities (i.e.,
contributions to the cooperative effort) and scientific return;
(b) To minimize complexity, the division of responsibilities between NASA and
NSC will reflect clearly defined and distinct managerial and technical interfaces.
NASA and NSC will each assume full responsibility for its contribution.
(c) The contributions and responsibilities of NASA and NSC to each Joint
Science Campaign, as agreed to and delineated in the campaign-specific JIP, will
include; but not be limited to, the following:
i) the provision of sounding rocket's and associated hardware;
ii) the design, fabrication, integration, test, and delivery of
scientific payloads and associated instrumentation;
iii) ground support services, launch services, equipment (at U.S. or
Norwegian ranges, depending on the science requirements for each
campaign), and data for range safety purposes;
iv) provision of tracking and telemetry support;
v) provision of specifications, requirements, and analyses necessary to
ensure ground and flight safety for launches;
vi) provision and operation of ground-based and airborne scientific
instrumentation for complementary observations;
vii) data acquisition and processing; and
viii) support of investigators for scientific data analysis.
(d) NASA and NSC will be responsible for the appropriate provision of relevant
technical, operational, and campaign-unique information and services necessary
12
for the implementation of the missions and exchange of services pursuant to this
Agreement, as agreed to in the applicable campaign-unique JIP and any
supplementary documentation.
4. Program Management
NASA and NSC will share primary program management responsibilities for
Joint Science Campaigns. A point of contact for the coordinating of functions and
responsibilities of NASA and NSC for each Joint Science Campaign will be
designated in the JIP.
5. Science and Data Rights
(a) NASA and NSC will have access to, and use of, scientific and mission
performance data for activities conducted under this Agreement as soon as such
data becomes available. The JIP's will establish, for each campaign, first
publication rights of the investigators.
(b) Following any exclusive use period established in the JIP, results of the
campaigns will be made available to the scientific community in general through
publication in appropriate journals or other established channels. In the event
such reports or publications are copyrighted, NASA and NSC will have royalty-
free rights under the copyright to reproduce, use, and distribute such copyrighted
work for their own purposes.
EXTENSION OF THE
AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE KINGDOM OF NORWAY
FOR COOPERATION IN THE CIVIL USES OF OUTER SPACE
The United States of America and the Kingdom of Norway, pursuant to Article 11 of the
Agreement Between the United States of America and the Kingdom of Norway for
Cooperation in the Civil Uses of Outer Space, signed October 20, 2000 and
November 14, 2001, agree to extend the duration of this Agreement for 10 years, thus
extending the expiration date of the Agreement until November 14, 2016.
FOR THE UNITED STATES OF AMERICA: FOR THE KINGDOM OF NORWAY:
Date October 23, 2006
Mr. Michael O'Brien
Assistant Administrator
NASA Office of External Relations
Date October 23, 2006
His Excellency Knut Vollebaek
Ambassador Extraordinary and
Plenipotentiary



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